RAJA@ DAYANAND Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Crl.M.A. 10137/2019 (for exemption)

(2.) Briefly stated, the facts of the present case are that, an FIR No. 277/01 was registered against the petitioner and the other coaccused persons under Sections 302, 34 and 120-B of the IPC and Sections 25, 27, 54 and 59 of the Arms Act at Police Station: Shahdara, Delhi. Thereafter, on 01.11.2001, the charge-sheet was filed against the petitioner and the other co-accused persons. Consequently, on 24.2.2003, charge was framed against the petitioner and the other co-accused persons by the Trial Court under Sections 302, 120-B of the IPC and Sections 25, 27 and 30 of the Arms Act. On 21.2.2019 the prosecution had closed its evidence. Thereafter, on 25.3.2019, an application under Section 313 (5) of the Cr.P.C. was moved before the Trial Court by the petitioner and the other co-accused persons to supply copy of questionnaires in advance in order to enable them to file the written statement. On 18.4.2019, the Trial Court heard both the parties and dismissed the application moved under Section 313 (5) of the Cr.P.C. holding that barring few situations where the statements under Section 313 Cr.P.C. of the accused persons cannot be recorded by calling them personally except with undue delay and inconvenience, their statements under Section 313 of the Cr.P.C. should be recorded personally in the Court. The Trial Court also held that even if the accused persons want to file their written statements, law does not require to provide them an advance copy of the questionnaire for the said purpose. The Trial Court further directed that the petitioner and the other accused persons be present on the next date of hearing for recording their statements under Section 313 of the Cr.P.C.

(3.) Aggrieved by the afore-mentioned order dated 18.4.2019, the petitioner has filed the present revision petition.